Akhmad v. Ignacio

MEMORANDUM *

Akhmad claims that jury misconduct occurred during deliberations at his trial. He has the burden of showing that a constitutional error had a “substantial and injurious effect or influence in determining the jury’s verdict.” Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (citation and internal quotation marks omitted). The introduction of juror “expert” medical opinion bore on a critical issue in the case. However, the weight of the evidence against Akhmad was such that any error was harmless, and did not have a substantial and injurious effect on…